Administrative and legal status of the National Health Service of Ukraine

Abstract

The article examines the peculiarities and prerequisites of the formation of the administrative and legal status of the National Health Service of Ukraine as a central body of executive power. It is argued that the administrative-legal status of the National Health Service of Ukraine is determined by the norms of administrative legislation, the tasks and competence of the National Health Service of Ukraine regarding the implementation of state policy in the field of state financial guarantees of medical care and performance of the functions of the customer of medical services. The article defines that the administrative and legal status of the National Health Service of Ukraine is characterized by such criteria as: 1) normative basis of activity; 2) structure; 3) tasks of the service; 4) functions; 5) competence.

The basis of legal regulation of the activity of the National Health Service of Ukraine is the Constitution of Ukraine, the Law of Ukraine "On State Financial Guarantees of Medical Services of the Population" dated 19.10.2017 and the Regulation on the National Health Service of Ukraine, approved by the Cabinet of Ministers of Ukraine dated 27 December 2017 No. 1101. It is claimed that the powers of the National Health Service of Ukraine are separate powers entrusted to this institution within the scope of its tasks and activities. The administrative and economic aspects of the legal personality of the National Health Service as a structure that assumes, in addition to the organizational, economic functions of a single customer of medical services and medicines, are also considered. Therefore, both administrative and economic powers are concentrated in this body, which makes its legal position quite specific.

The article emphasizes that the National Health Service of Ukraine is a body of state executive power with a special function of an independent public institution of administration, financing and control, which is integrated into a system and establishes uniform standards for the functioning of all health care institutions, acting as a customer of medical services on behalf of the state during the implementation of state guarantees of medical care.